The Local Authorities (Functions and Responsibilities) (Amendment) (England) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (“the 2000 Regulations”). They apply in relation to local authorities in England.

Regulation 4(1)(b) of the 2000 Regulations (functions not to be the sole responsibility of an authority’s executive) provides that, in connection with the discharge of the function of formulating a plan or strategy for the control of a local authority’s borrowing or capital expenditure, the actions designated by paragraph (3) of regulation 4 shall not be the responsibility of the local authority’s executive (where the local authority is operating executive arrangements). The designated actions include the giving of instructions requiring the executive to reconsider any draft plan or strategy submitted by the executive for the authority’s consideration, the amendment of any draft plan or strategy submitted by the executive for the authority’s consideration and the adoption (with or without modification) of the plan or strategy. Regulation 2 of these Regulations amends regulation 4(1)(b) of the 2000 Regulations so that it also applies to the function of formulating a plan or strategy for the control of a local authority’s investments.

A full regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies.